9911796707
TMI Blog1988 (12) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... The question for this court to consider is whether there could be any legitimate complaint about a perverse exercise of discretion at the hands of the Commissioner. If two views are possible and one view has been taken by the Commissioner, this court will not be justified in interfering with the exercise of that power. Even if another view could have been taken by this court, that would hardly be a good ground for interfering with the discretion already exercised ; the various relevant facts have to be taken note of, considered and decided upon. The contention which had been urged before the Commissioner is summarised in paragraph 6 of the order. That relates to one point only, namely, that the assumption about the returns having been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts for the year 1978-79 are not widely variant from the antecedent years. As regards the income of Rs. 9,860 returned for the year 1978-79, the ultimate income upheld by the Appellate Tribunal is Rs. 45,000. It is a little over 400%. It would therefore, be evident that it is not a case of marginal variation in the assessment of income that had taken place. This is an aspect which has to be rightly and correctly given due weight by the Commissioner of Income-tax. No doubt, there is an Explanation which furnishes a statutory fiction for the purpose of finding out whether there had been full and true disclosure of income. The crux of the matter is, if the particulars relating to income where the excess of income assessed over the income re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is that the entire movement started with a search of the premises of the petitioner on February 22, 1977. That also is not without significance. The approach is in consonance with the view expressed by this court in CIT v. Mahim [1984] 149 ITR 737. Ultimately, the Commissioner of Income-tax has entered a factual finding that there was not even proper co-operation of the assessee with the Department. It is sufficient to note that the matters referred to and considered by the Commissioner is after taking into consideration all the relevant facts and materials in the case. If that be so, this court will not be justified in interfering with the exercise of such a discretion. Counsel for the petitioner presented before me the decisions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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